CHAPTER CLXXIV.

An act to amend the charter of the Central Plank Road Company.

[APPROVED FEBRUARY 13, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That an act entitled "an act to incorporate the Central Plank Road Company," approved January 16th, 1849, and an act amendatory thereto, entitled "an act to amend an act to incorporate the Central Plank Road Company, approved January 16th, 1849," approved January 8, 1850, be, and the same hereby are so amended that sections sixteen, seventeen, eighteen, and nineteen of an act entitled an act to authorize the construction of plank roads, passed January 15th, 1849, shall form and constitute a part of the charter of said Central Plank Road Company, and shall have the like force and effect as if the same were set forth in the act incorporating said company, or the act amendatory thereto.

SEC. 2. Said company may construct such portion of the track of said road of gravel or other hard substance, so as to make a hard, smooth, and even surface as the board of directors of said company may from time to time determine: Provided, The track so constructed shall not be less than sixteen feet in width: Provided, That the provisions of this act shall only relate to such portion or portions of such road as are already constructed or partly constructed of gravel or other hard substance other than plank.

SEC. 3. The board of directors shall provide by by-laws for carrying into effect any and all provisions of this act, free [full] power and authority for that purpose being hereby invested in them: Provided, That said company shall not be permitted to erect or maintain any toll gate or gates within three miles of the city of Indianapolis on the east or west.

SEC. 4. So much of the several acts to which this is an amendment, as comes in conflict with the provisions of this act is hereby repealed, and this act shall take effect and be in force from and after its passage.

CHAPTER CLXXV.

An act to amend an act entitled "an act to amend the act entitled an act to incorporate the city of Fort Wayne," and all acts and parts of acts amendatory thereto.

[APPROVED FEBRUARY 8, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That the offices of city treasurer, assessor, collector, and recorder, provided for by the above act, be, and the same are hereby abolished, and it is hereby made the duty of the mayor of said city, in addition to the duties now required of him by law, to do and perform all duties heretofore required of said city recorder and such other duties as hereafter may be required by law.

SEC. 2. The common council of said city shall not hereafter borrow money or levy a tax upon the taxable property in said city for general purposes exceeding the sum of fifteen cents on each one hundred dollars valuation thereof in any one year, unless authorized so to do by the voters of said city at some general or special election in said city, when a majority of the votes therein shall be polled, a plurality of which said majority shall only be required to authorize additional tax to be levied. And it shall be the duty of the mayor of said city to notify the voters therein of the object for which said additional tax is intended to be levied, and of the time and place the said election will be held, at least two weeks previous thereto, in the newspapers in said city.

SEC. 3. The several duties heretofore required to be done by the officers of said city in the assessment and collection of the taxes and other revenues of said city are hereby transferred to the proper officers of the county. It shall be the duty of the assessor of state, county, and other taxes in said city, to make a separate list upon the assessment books hereafter to be made by him of the polls and taxable property within the limits of said city for state and other purposes, of the polls and taxable property in said city for city purposes. And it shall be the duty of the auditor of said county, in making out the duplicate of state, county, and other taxes in each year, to include therein, in a separate column thereon, and also in the aggregate on said duplicate the city taxes in accordance with the levy thereof, to be certified to him by the mayor of said city immediately after the same shall be made by the common council of said city, all of which shall be done each year in time to enable said auditor to make out said duplicate in pursuance of law; and the several provisions of the laws of this state for the assessment and collection of taxes for state, county, and other purposes, are hereby adopted and declared applicable to the assessment and collection of

all city taxes levied for general or special purposes, whether delinquent or otherwise. The treasurer of said county of Allen shall hereafter have the custody of the revenues of said city of all descriptions, in addition to the duties now required of him by law as such treasurer, and shall disburse and pay out the same upon the orders the mayor of said city, drawn in pursuance of appropriations made by the common council, and not otherwise; and shall also do and perform all other duties now required of the treasurer of said city or which may be hereafter required of him. Said treasurer shall keep an accurate account of all matters that shall be done by him in connection with the business of said city, and shall annually, on the first Monday in May, make settlement with the mayor and common council of said city, whose acquittance shall discharge him from all liability therefor.

SEC. 4. The road tax now assessed or which may be hereafter assessed upon property within the limits of said city, shall be paid in cash or city orders, and when collected, shall be by said treasurer paid out under the direction and authority of the mayor and council of said city, as they may direct, and as nearly as possible within the several wards where the same may be levied: Provided, however, That instead of the sum of twenty-five cents on each one hundred dollars now levied for road purposes on real estate in said city, only the sum of fifteen cents on each one hundred dollars valuation thereof shall hereafter be levied in any one year.

SEC. 5. That the treasurer of said city, before the expiration of his term of office in persuance of the provisions of this act, shall settle with the mayor and common council of said city, and pay over all moneys thereunto belonging to the treasurer of said county. And all the officers whose offices are hereby vacated shall hand over to the mayor of said city all books, papers, and property belonging to said city, in their hands.

SEC. 6. That the mayor and common council shall, without delay, pass or ordain such laws or ordinances as may be necessary to establish, and at all times have and maintain in the city a well regulated and general market or markets, to be held at least two days in every week.

SEC. 7. That the mayor and high constable of said city shall hereafter be elected annually by the people: Provided, however, That the present incumbents in said offices shall continue to hold their offices until the terms thereof shall expire.

SEC. 8. And the common council of said city shall not hereafter receive any compensation for their services.

SEC. 9. The county auditor of said county of Allen shall hereafter do and perform all the duties now required of any officer of said city in reference to the conveyance of any real estate heretofore sold or hereafter to be sold by the officers of said city, in all cases

where such conveyances shall not be made prior to the period when this act shall come in force.

SEC. 10. The mayor of said city and the treasurer of said county shall each execute bonds payable to the city of Fort Wayne in the several penalties of five thousand dollars, with security conditioned for the due performance of their duties required by this act, and such other duties as may hereafter be required of them, to the approval of the common council, which bonds shall be in addition to (and not in lieu of) the bonds heretofore given by them; and upon the failure of either of said officers to execute and deliver said bonds within fifteen days from the time this act shall come in force, it shall be the duty of the county commissioners to remove them, or either of them, from office, and immediately order a new election; and the several bonds hereafter to be given by any county officer of said county of Allen, shall, without any special provision to that effect, extend to all duties required of them or hereafter to be required of them in connection with the business of said city of Fort Wayne.

SEC. 11. The taxes for licenses enumerated in the eleventh article of the twelfth chapter of the Revised Statutes of 1843, whenever the trade, business, or purpose for which the same shall be obtained, shall be used or confined within the corporate limits of said city of Fort Wayne, shall be paid to the treasurer of the county of Allen, and shall constitute a portion of the general fund of the city treasury of Fort Wayne instead of the county treasury.

SEC. 12. The tax for licenses embraced in the foregoing section shall entitle the person paying to demand a receipt therefor, which the treasurer is required to give, and when obtained, shall be filed with the mayor of said city, who shall thereupon issue a license corresponding to the objects embraced in said receipt, which shall be attested by the seal of said city; and the mayor shall keep a record of the licenses so issued, together with the amounts paid therefor, which record shall at all reasonable times be open to inspection.

SEC. 13. Every person who shall carry on or transact any business specified in the general law of the revised statutes referred to in section, or in any law that may hereafter be passed by the legis lature, requiring a license, without first procuring such license, shall be liable to the same penalties and damages now imposed, to be recovered by suit in the name of said city of Fort Wayne, before the mayor or any justice of the peace resident with the corporate limits of said city; and the moneys arising therefrom shall be paid to the treasurer of the county, and constitute a portion of the fund of the city treasury as aforesaid. And it is hereby made the duty of the mayor to see that licenses are procured and paid for by persons who should obtain the same; and in cases of failure by such persons, to immediately institute, or cause to be instituted, suit pursuant to the requirements herein made. This act to be in force and take effect from and after the first day of March, 1851.

CHAPTER CLXXVI.

An act to locate a State Road from Bennettsville, in Clark county, to Salem, in Washington county.

[APPROVED FEBRUARY 14, 1851.]

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That Thomas J. Howard and Louis Huff, of Clark county, and John McMahan, of Washington county, be, and they are hereby appointed commissioners to view, mark, and locate a State road, beginning at Bennettsville, in Clark county, on the nearest and best way running east of New Providence, in Clark county, to Pekin, in Washington county, thence to Salem.

SEC. 2. Said commissioners shall meet in Bennettsville, on the first Monday in March, or some subsequent day thereafter, and commence and enter upon the duties required of them by this act.

SEC. 3. The commissioners aforesatd shall, if they deem it necessary, call to their aid a surveyor, markers, and chain carriers, sufficient to carry the provisions of this act into effect, each of whom shall receive for his services a reasonable compensation, to be paid out of the road funds of said counties through which said road may pass, in proportion to the length of said road in such counties.

SEC. 4. The said commissioners, previous to entering upon the discharge of their duties, shall take an oath faithfully to discharge the same, and shall be paid for their services out of the treasury of their respective counties.

SEC. 5. It shall be the duty of said commissioners to file a certified copy of their report and survey in the office of each county auditor through whose county said road shall be located, within thirty days after the location, which report and survey shall be by said auditor laid before the board of county commissioners of said counties at their next meeting, who shall order the same to be entered on the record of their courts, and order the road to be opened: Provided, That each county shall bear the expenses incurred on said road within its respective limits.

SEC. 6. The width of said road shall not be less than forty feet, with bridges necessary to make it easy of transition for any kind of vehicles.

SEC. 7. This law shall be in force from and after its passage, and it shall be the duty of the secretary of state to transmit to each of the auditors of Clark and Washington counties a certified copy.